Seoul High Court's 7th Criminal Division Assigns Case and Sets Trial Date Immediately
High Court: "Summons Sent to Defendant"
Final Ruling Before Presidential Election Unlikely if Appeal is Filed
The retrial on remand for Lee Jae Myung, the Democratic Party presidential candidate, regarding his violation of the Public Official Election Act, will begin on the 15th. Just one day after the Supreme Court en banc overturned the not-guilty verdict of the appellate court and remanded the case with a guilty ruling, the process from case registration to the designation of the trial date and the issuance of a summons to the defendant has proceeded at a rapid pace.
Lee Jae Myung, the Democratic Party presidential candidate, is reviewing materials while attending the 'K-Semiconductor' AI memory semiconductor company meeting held at SK Hynix Icheon Campus in Icheon, Gyeonggi Province on the afternoon of the 28th. 2025.4.28 Photo by Kim Hyun Min
On the 2nd, the 7th Criminal Division of the Seoul High Court (Presiding Judges Lee Jaekwon, Park Jooyoung, and Song Mikyung) scheduled the first hearing of the retrial on remand for Lee's violation of the Public Official Election Act for 2 p.m. on the 15th. This comes just one day after the Supreme Court en banc overturned the not-guilty verdict of the appellate court and remanded the case with a guilty ruling.
Accordingly, Lee is expected to appear in court for the retrial on remand on the same day he officially begins his election campaign on the 12th. However, since the presidential election is only 19 days away, as of June 3, there is a possibility that Lee may not appear. If Lee receives the summons but fails to appear, a new date must be set for the next hearing.
If the summons is delivered for the newly set date and Lee still does not appear, the trial proceedings can continue on that date, and both the conclusion of arguments and the verdict are possible. However, if the summons is not properly delivered to the party, the trial proceedings will not formally begin.
The 7th Criminal Division, which has been assigned the retrial on remand, also served as the substitute division for the 6th Criminal Division, which previously handled the case. The presiding judge is Lee Jaekwon, a senior judge at the High Court, and the leading judge is Song Mikyung, also a High Court judge. A retrial on remand means the previous verdict has been canceled and the case is being reviewed anew, so a new case number is assigned. However, since the trial continues from the previous proceedings, the hearings will proceed as a continuation of the appellate court's sessions prior to the remand.
Presiding Judge Lee Jaekwon, a graduate of the 23rd Judicial Research and Training Institute, attended Jeju Jeil High School and graduated from the law department at Seoul National University. He began his judicial career as a judge at the Seoul District Court, served as a judicial policy research officer at the National Court Administration during Chief Justice Lee Yonghoon's tenure, and worked as the chief judge of the secretariat under Chief Justice Yang Seungtae. During Chief Justice Kim Myeongsu's term, he served as the chair of a subcommittee of the Judicial Administration Advisory Council, established by the Supreme Court to decentralize judicial administration and reform the courts. He has also served as a judge at the Seoul Administrative Court, chief judge at the Seoul Central District Court, and chief judge at the Suwon High Court. He is known for his modest character, calm style, and meticulous approach to trials.
Meanwhile, Lee was brought to trial on charges of disseminating false information after, as a presidential candidate in December 2021, he stated on a broadcast that he did not know Director Kim Moonki and claimed during a National Assembly audit that the Ministry of Land, Infrastructure and Transport had threatened the city of Seongnam during the process of changing the land use of the Korea Food Research Institute site in Baekhyeon-dong, Seongnam.
The first trial found Lee guilty and sentenced him to one year in prison, suspended for two years. However, the appellate court acquitted him, ruling that his statements could not be punished. On May 1, the Supreme Court en banc overturned the acquittal and remanded the case to the Seoul High Court with a guilty ruling. As Supreme Court rulings are binding on lower courts, the retrial on remand will determine the sentence for Lee based on a guilty verdict.
Chief Justice Choi Heedai and other Supreme Court justices are entering the Supreme Court in Seocho-gu, Seoul, on the afternoon of May 1st to deliver the verdict on the appeal trial of Lee Jaemyung, the Democratic Party presidential candidate, regarding the violation of the Public Official Election Act. 2025.05.01 Photo by Joint Press Corps
With the Seoul High Court's rapid handling of case registration, assignment, and the scheduling of the first hearing just one day after the Supreme Court's decision, there is growing attention as to whether a conclusion in the retrial on remand will be reached before the presidential election. Since the Supreme Court delivered its verdict in just over 30 days, there are expectations that the retrial on remand could also reach a swift conclusion.
However, some observers note that it may not be easy, considering Lee's right to a defense. Even after the retrial on remand concludes, Lee can file another appeal. In that case, the appeal period (seven days) and the submission of opinions (20 days) would be required, making it physically difficult for a final decision to be reached before the presidential election.
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